We are often asked if Medicaid nursing home benefits can be transferred to Florida from another state. Usually the question comes from an adult child who wants to bring a parent to Florida so that the parent can get more family support and companionship.
Unfortunately, there is no automatic way to transfer Medicaid benefits from one state to another. Although Medicaid is a federal program with some commonalities among states, it is implemented differently and can have different eligibility standards in each state. For example, in Florida a community (well) spouse may claim “spousal refusal.” This allows the community spouse to retain assets in excess of the community spouse’s asset limit, without affecting Medicaid eligibility. However, spousal refusal is not available in most states.
Furthermore, your loved one cannot be enrolled in Medicaid in two states simultaneously. He/she will have to dis-enroll in the current state of residence before enrolling in Florida. You can file the application for Florida Medicaid only after your loved one is actually residing here. Therefore, even if he/she is ultimately approved for Florida Medicaid, there may be a time period prior to approval during which you will need to pay the nursing home out-of-pocket.
This is not to say that you cannot or should not relocate your loved one to Florida. It does mean that you should not expect the process to be seamless. There is no reciprocity among states. You will have to do your homework to find out the eligibility criteria for Florida Medicaid and determine if your loved one is likely to qualify here.
Your best bet is to carefully research the eligibility requirements for Florida Medicaid nursing home benefits. You can see the latest requirements on our firm website here. Before you even consider moving your loved to Florida and disenrolling him from Medicaid in his/her current state of residence, consult with our elder law attorneys. Contact us at (561) 625-1100.
